Публичноправни въпроси при договора за замяна на недвижими имоти
Public legal issues in the ownership exchange contract

Author(s): Lyuba Panayotova-Chalakova
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Пловдивски университет »Паисий Хилендарски«
Keywords: ownership exchange contract; legal issues
Summary/Abstract: Ownership Exchange Contract is a typical demonstration of this new and different legislation. Frequent change of regulations related to this agreement in the recent years proves that in Bulgaria reasonable fair changes meeting the expectations of society are sought. In principle the exchange contract is a civil law deal but beyond the general settlement of the contract in articles 222 – 223 of the Law on Obligations and Contracts in different legislatives instruments there are several special constituent elements with clearly expressed public element. In the current study issues arising from the ownership exchange contract are grouped as follows: 1/ issues related to passed legislative measures imposing prohibitions and restrictions in exchanges and in this regard brief comment on dispositions for imposing of moratorium by the Parliament; 2/ issues related to interpretation and application resulting in Interpretative rule of the General Assembly of the Civil College of the Supreme Court of Cassation concerning some of the exchanges; 3/ issues related to states aids in ownership exchanges.

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